Parliamentary Review of
ANZAC Day Laws
Appendix C - Summary of Existing Legislation

A summary of existing Acts follows below.

The Act decrees that the 25th of April each year is to be known as "Anzac Day".

This is done in commemoration of the part taken by Victorian troops in the Great War and in memory of those who gave their lives for the Empire.

No sports are allowed to be held without the approval of the Minister.

- The term "sports" includes bicycle races, foot races, cricket matches, football matches or any other game or contest that is held at a venue which charges an admission fee, but does not include horse races, trotting races or dog races (these are regulated by the Racing Act 1958 – see below).

If approval is given by the Minister, the following conditions apply:

- The event shall not commence before 1.00pm.

- The Minister decides what portion of the net profit made from the event shall be paid into the Anzac Day Proceeds Fund.

- If the event is held outside the metropolitan area, the Minister, after consulting the RSL may authorise the funds raised to be paid to a local organization.

- The body holding the sports event is required to supply a report of the event, and its financial success, to the Minister within two months of holding the event.

- Where there is a contravention of the requirements relating to sports events, the maximum penalty is $1000, but it is a defence if the contravention was not wilful or was committed unknowingly.

The Act establishes the Anzac Day Proceeds Fund:

- The Fund is distributed annually, upon the recommendation of the Patriotic Funds Council, to organisations whose principal object is to ameliorate the condition of persons who were members (or dependants of such members) of Australia’s armed forces during any war hostilities or assignment.

The Act also regulates cinemas and other, in effect, live entertainment in accordance with the recent enactment of the Theatres (Repeal) Act 2002 (see below).

The Act establishes a fund similar to that of the Anzac Day Proceeds Fund, except that this fund can take money from events or people at any time of the year, not just Anzac Day.

In a similar way to that of the Anzac Day Proceeds Fund, its objective is to take care of those people who served in the Australian armed forces, or who were dependant on people in the Australian armed forces.

The Patriotic Funds do not override the Anzac Day Proceeds Fund, but exist to gather monies from events not related to Anzac Day, but which are commemorative of people who served in the armed forces.

The Act provides for Anzac Day to be a public holiday.

The Act regulates the entitlements of employees on public holidays, including Anzac Day.

- When Anzac Day falls on a week day, any person covered by the Act may have a holiday without loss of pay.

- If Anzac Day falls on a Saturday or Sunday then there is no payment to be made to employees.

- If employees normally work on a Saturday or Sunday then there are grounds for those persons to take a holiday, with pay, if Anzac Day falls on their particular day of work.

The Act requires that all shops, except exempt shops, must remain closed on Anzac Day between 12.01am and 1.00pm.

- A list of exempt shops is contained in a Schedule to the Act (the list is set out in the Appendix to this Paper).

- A shop is not an exempt shop if it employs over 20 employees.

The Act came into effect on 22 May 2002.

- It repeals the Theatres Act 1958, which formerly regulated activities of licensed theatres and cinemas on Anzac Day.

- It amends the Anzac Day Act 1958 to restrict the use of cinemas and other entertainment before 1.00pm on Anzac Day.

The Act controls the supply of alcohol through licensed premises.

There are restrictions placed upon the different forms of licensed premises in relation to Anzac Day and when they can serve alcohol:

- Places with a general licence, on-premises licence, club licence or packaged liquor licence can not serve alcohol on Anzac Day until 12 midday unless they have been granted a permanent extension to their licences (see below).

- Places with a vigneron’s licence cannot serve alcohol until 10.00am on Anzac Day.

The Act bans horse racing on Anzac Day except for one meeting that is to be held at Flemington Racecourse.

- However, the Minister can permit other race meetings.

There are also only one harness meeting and one greyhound meeting allowed in the Melbourne metropolitan area on Anzac Day.

Any race at these meetings must not start before 1.00pm on Anzac Day.

The whole net profit from these race meetings must be paid into the Anzac Day Proceeds Fund, unless the Minister, having consulted the RSL, allows the profit to be given to a local organization.

The Act declares that all factories will be closed on Anzac Day and the employees of those factories will be given a holiday.

- A list of exceptions is contained in a Schedule to the Act (the list is set out in the Appendix to this Paper).

The Act sets out a list of games that are unlawful.

The Act provides that the game of two-up can be played on Anzac Day, provided that:

- It is at premises being used by the RSL, or recommended by the RSL.

- If not at RSL premises, it is at a function commemorating Anzac Day held not more than 7 days before Anzac Day, and is organised by the RSL.

- It is at licensed premises that have been approved by the Minister and the Director of Liquor Licensing Victoria.

Although not containing provisions specifically referring to Anzac Day, the Casino Control Act 1991 and the Shrine of Remembrance Act 1978 are of interest in a review of laws relating to Anzac Day.

In terms of regulating the operation of the Melbourne casino on Anzac Day, the Act provides no specific regulation of the day.

The Victorian Gaming and Casino Authority controls the business hours of the casino.

- The Authority is established under the Gaming and Betting Act 1994, which gives no guidelines as to whether the Authority should allow the casino to open or close on Anzac Day.

Unlike the Racing Act, there is no legislative provision for the casino to donate a part or all of its net profit on Anzac Day to the Anzac Day Proceeds Fund.

The Act establishes a body corporate known as the "Shrine of Remembrance Trustees".

- The trustees are responsible for the care, management, maintenance and preservation of the Shrine of Remembrance, and the land it occupies.

- The trustees have power to collect monies for the Shrine and a responsibility to put such monies back into the Shrine.

The Act makes no direct reference to ANZAC Day, notwithstanding the central role played by the Shrine in ANZAC Day commemorations.

Scrutiny of Acts and Regulations Committee Last Updated 19/11/2002 ©Parliament of Victoria